A federal judge in Los Angeles awarded him the great victory to Katy Perry to overturn the verdict of a jury, which found that the pop-star and his co-workers backed up his success in 2013, “Dark Horse” of a rap song christian of 2009.
U.s. district court judge Christina A. Snyder said Tuesday in his ruling that the section is disputed on the topic “Joyful Noise” from the rapper Marcus Gray was not sufficiently distinctive as to be protected by copyright, as found by the jury.
“It is undisputed in this case, even viewing the evidence in the light most favorable to the plaintiffs, that the characteristic elements of the ostinato of eight notes in ‘Joyful Noise’ is not a combination particularly unique or rare,” wrote Snyder in his decision.
The plaintiffs plan to appeal.
“When the jury returned a unanimous verdict of infringement of copyright, I warned my clients that we had just finished the 11th round of a fight of 15, and that the next one would be in the court of appeals,” the lawyer said Gray, Michael A. Kahn, in an e-mail to The Associated Press, in reference to the numerous previous rulings at the trial on behalf of his client. “We believe that the jury was right, and we will do everything possible to restore the verdict in an appeal”.
In August, the jury had given to Gray, and the co-authors of your theme 2.78 million dollars from Perry and his musical partners, Dr. Luke, Max Martin and Circuit.
Perry, who gave evidence at trial and offered in joke play their song live when there were technical difficulties with the recording, you are ordered to personally pay for 550.000 dollars.
Gray, a native of St. Louis, who uses the stage name Flame, sued initially to Perry in 2014, the year “Dark Horse” spent four weeks at No. 1 of the list Hot 100 of Billboard.
Perry and his coescritores declared that they had never heard before “Joyful Noise”.
The compensation was much less than the $ 20 million sought by the plaintiffs, and is not an amount exorbitant for stars of the caliber of Perry or the producer of the hits Dr. Luke, but her lawyer, Christine Lepera, called the verdict as a “travesty of justice” with a chilling effect to creativity.
Lepera did not immediately return an email in search of statements on the annulment of the verdict.
The decision comes one week after another federal court in California awarded her a victory similar to Led Zeppelin in a battle related to his classic 1971 “Stairway to Heaven”.
Andrew Dalton is on Twitter as https://twitter.com/andyjamesdalton.